Balderas, Juan A/K/A Apache

Opinion

77,036

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 11/9/2015 12:00:00 AM Accepted 11/9/2015 7:31:16 AM ABEL ACOSTA

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK

No. AP-77,036

November 9, 2015

JUAN BALDERAS On Direct Appeal from the Appellant, 179th District Court of Harris, Texas; Cause No. 1412826.

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v. THIS IS A DEATH PENALTY CASE

THE STATE OF TEXAS

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MOTION FOR LEAVE TO FILE POST-SUBMISSION BRIEF

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ORAL ARGUMENT RECEIVED 10/07/2015

R. Scott Shearer TBA No. 00786464 917 Franklin, Suite 320 Houston, Texas 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

Attorney for Appellant (court-appointed)

November 7, 2015

JUAN BALDERAS, by and through counsel on appeal, seeks leave to file

his Post-Submission Brief for Appellant. Appellant seeks to provide further briefing

based upon the questions posed by the Court at oral argument. In support of his

prayer for reversal he would respectfully show the Court the following:

I.

Appellant was convicted of capital murder. This Court granted oral argument,

which was received on October 7, 2015. No opinion has yet been issued.

II.

Many members of the Court posed questions at oral argument that were not

capable of being answered by reference to Appellant’s original brief. Appellant has

briefed these questions in a post-submission brief. The post-submission brief has

been submitted contemporaneously with this motion.

III.

Upon motion by a party, this Court may permit the filing of additional briefs

other than those provided for in Rule 38. See TEX. R. APP. PROC. 71.4.

2

PRAYER FOR RELIEF

FOR THESE REASONS, the Appellant prays the Honorable Court of Criminal Appeals will grant this motion and order Appellant’s post-submission brief filed amongst the papers in the cause.

Respectfully submitted,

By: /s/ R. SCOTT SHEARER R. Scott Shearer TBA No. 00786464 917 Franiklin, Suite 320 Houston, Texas 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

Attorney for Appellant (court-appointed)

3

CERTIFICATE OF SERVICE

I certify that a copy of this Motion for Leave to File Post-Submission Brief for Appellant has been served upon the State of Texas by e-mailing a copy of same to the following parties at their respective addresses on this the 7th day of November, 2015:

A.D.A. CLINTON A. MORGAN DISTRICT ATTORNEY’S OFFICE APPELLATE DIVISION 1201 FRANKLIN, SUITE 600 HOUSTON, TX 77002 Morgan_Clionton@dao.hctx.net

/s/ R. SCOTT SHEARER R. Scott Shearer